Republic of the Philippines

REGIONAL TRIAL COURT

5th Judicial Region
Branch ___
Legazpi City
MS. JUPITER U. NIVERSE,
Petitioner,
CIVIL CASE NO. 123
For: Sum of Money with
prayer for the issuance
of writ of preliminary
attachment

-versus-

MR. YIN A. YANG,

Respondent
x-----------------------------------x
COMPLAINT
COMES NOW, the plaintiff, through the undersigned
counsel, and unto this honorable court, most respectfully avers:
1. That plaintiff is of legal age, Filipino Citizen, with postal
address at # No. 91 C Upper Malvar St. Trancoville, Baguio
City;
2. That Defendant Mr. Yin A. Yang, is of legal age, Filipino
Citizen, with postal address at No. 91 C Lower Malvar St.
Trancoville, Baguio City, where he may be served with
summons and other processes by this Honorable Court;
3. That sometime in December 2016, defendant obtained
several baking materials from the plaintiff in the total
amount of P500,000.00 as evidenced by the Purchase
Order, Delivery receipt which are hereto attached as
Annexes A D hereof;
4. That as payment of the said baking materials, defendant
issued several postdated checks and represented that the
same will be covered by sufficient funds on its maturity
dates. Copies of the checks are hereto attached as
Annexes E G hereof;
5. That on its maturity date, the said checks was dishonored
by the drawee baks upon presentment for payment for
reason ACCOUNT CLOSED, as evidenced by the notice of

dishonor issed by the bank which is hereto attached as

Annex H hereof;
6. That despite repeated demands orally and in writing,
defendants refused and continously refusing to make good
the said bounced checks or pay the baking materials to
the damage and prejudice of herein plaintiff. Copy of the
demand letter is hereto attached as Annex I hereof;
7. That as a result of the unwarranted and unjustifiable
refusal of the defendants to pay the said baking materials
or make good said checks, plaintiff suffered sleepless
nights, serious anxiety in which he should be awarded the
amount of P100,000.00 as moral damages, and to set an
example to the public, plaintiff should be awarded
exemplary damages un the amount of P100,000.00;
ALLEGATIONS IN SUPPORT FOR THE ISSUANCE OF
WRIT OF PRELIMINARY ATTACHMENT
Plaintiff re-pleads all the foregoing averments by way of
reference and in so far as they are relevant and material to
its application for the issuance of a writ of Preliminary
Attachment;
8. A sufficient cause of action exists against the defendant;
9. The defendant are guilty of fraud in contractiong and in
the performance of their obligation as manifested by
defendant, Mr. Yin A. Yang who represented himself as a
credible businessman and financially capable of paying his
obligation, when in truth and in fact, he is not, and the
fraudulent scheme becoming more evident when despite
demands, he failed and refused to settle without
justifiable ground his just and demandable obligation;
10. There is no sufficient security for the claim sought to
be enforced by the present action;
11. The amount due to the plaintiff in the above-entitled
case is P500,000.00, excluding legal fees and other
charges as of to date for which amount, an order of
attachment is being sought above all legal counterclaims
against the Defendants;
12. Plaintiff is ready and willing to give a bond to be fixed
by this Honorable Court, executed to the defendant, to
answe for all costs which may be adjudged to the latter,
and all damages which defendant may sustain by reason

of the attachment prayed for, if the court shall finally

adjudge that Plaintiff is not entitled thereto;
In support of the foregoing allegations, the Plaintiff has
attached hereto his affidavit.
WHEREFORE, premises considered, it is most respectfully
prayed unto this Honorable Court that, after hearing,
judgment be rendered as follows:
1. An order of attachment be immediately issued by this
Honorable Court, requiring the sheriff to attach
properties of the Defendants which are not exempt
from execution or so much thereof as may be sufficient
to satisfy Plaintiffs demand which is in the total amount
of P500,000.00; and after hearing;
2. Judgment be rendered ordering the defendant to pay
plaintiff the amount of P500,000.00, representing
unpaid account excluding legal fees and other charges
as of to date;
3. Ordering the defendants to pay the plaintiff the amount
of P100,000.00 as moral damages, and P100,000.00 as
exemplary damages;
4. P50,000.00 by way of Attorneys fees and P2,500.00 as
per appearance fee and costs of suit;
5. Ordering the defendants to pay the costs of suit.
Other reliefs which are just and equitable are likewise
prayed for.
Baguio City, Philippines, January 1, 2016.
ABOGADO LAW OFFICE
Counsel for the Petitioner
Rasi Bldg., Legazpi City
By:
ABOGADO

A.

ABOGADO
IBP No. 1231231/25-05

PTRNo.123/10Roll

2203/Leg.
123123

No.

VERIFICATION/CERTIFICATION AGAINST
FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES )
CITY OF LEGAZPI
)S.S.
I, MR. X, of legal age, Filipino Citizen, married, after having
been duly sworn to in accordace with law, hereby depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I have cause the preparation of the foregoing
Complaint/Petition and have read the allegations
contained therein;
3. That the allegations in the said complaint/petition are true
and correct of my own knowledge and authentic records;
4. I hereby certify that I have not commenced any other
action or proceeding involving the same issued in the
Supreme Court, Court of Appeals, or any other tribunal or
agency;
5. That if I should thereafter learned that a similar action or
proceeding has been filed or is pending before the
Supreme Court, court of Appeals or any other tribunal
agency, I hereby imdertake to report that fact within five
(5) days therefrom to the court or agency wherein the
original pleading and sworn certification contemplated
herein have been filed;
6. I executed this verification/certification to attest to the
truth of the foregoing facts and to comply with the
provision of Adm. Circular No. 04-94 of the Honorable
Supreme Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature
this ___ day of March 2005, in Legazpi City, Philippines.

MR. X
Affiant
SUBSCRIBED AND SWORN to before me this __ day of March
2005, in the City of Legazpi, with affiant exhibiting to me his
SSS ID, with ID No. 1234 issued at Legazpi City on April
2001.
Notary Public
Doc. No.____;
Page No.____;
Book No.____;
Series of 2005.

REPUBLIC OF THE PHILIPPINES )

CITY OF LEGAZPI
)S.S.
AFFIDAVIT OF GOOD FAITH
I, MR. X, Filipino, of legal age, and with office address at No.
1136-A, A. Maceda Street, Legazpi City, after having been duly
sworn to in accordance with law, do hereby depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I have a good and sufficient cause of action against
the defendant;
3. That this action is one of those specifically mentioned in
Sec. 1 of Rule 57 of the Rules of Court, namely that
Defendant was guilty of fraud in contracting the debt or
incurring the obligation upon which the action is brought,
as he convinced plaintiff that he was a financially capable
businessman;
4. That the amount due to the plaintiff in this case is
P5,000,000.00, excluding legal fees and other charges,
above all legal counterclaims;

5. That there is no sufficient security for the claim sought to

be enforced by the present action.
IN WITNESS WHEREOF, I have hereunto set my hands this
31st day of March 2005, at Legazpi City.
MR. X
Affiant
SUBSCRIBED AND SWORN TO before me this ___ day of
March, 2005 in the city of Legazpi.
Notary Public
Doc No.____;
Page No._____;
Book No._____;
Series of 2005.